ESA Questions

[Error_Prone]

I hope some kind people can help me...

 

I've posted advice in other areas of the CAG forums so have set up a new user ID for this thread for reasons of confidentiality.

 

Brief history......

 

About three years ago I went off sick long term from work. Once SSP ran out work insisted, as part of their extensive sick pay scheme, that I claimed ESA (all the rules said IB as they had not been updated)! Basically my company sick pay was reduced by the whole amount of any ESA I received.

 

After the 13 week "assessment period" I was sent for the dreaded ATOS medical and, like most people, "failed" with 6 points. Work insisted I appealed and I used copies of a number of letters from an Occupational Health Physician to back this up. DWP reconsidered and I was placed in the support group without having to go to a formal appeal.

 

I had to leave my job and received some money via a compromise agreement.

 

Six months later I was sent for another ATOS medical and failed again - this time 12 points. My GP wrote a letter detailing all the areas ATOS had overlooked and this again got me moved back into the support group on reconsideration. The DM awarded an additional 18 points based on the doctor's letter giving 30 in total.

 

14 months further on (quite recently) I was sent to ATOS again. This time it seems I "passed" (although I don't know how many points) and I have received a letter saying I am now in the WRAG.

 

I know that my doctors will not consider this appropriate but is there any risk in appealing?

 

The main concern is having to attend these "interviews" which will be difficult.

 

I also seem to be getting about a fiver a week less money.

 

Am I right in thinking I can only be in this group for a maximum of a year?

 

I only get contribution based ESA as my assets are above the level for any means tested benefits.

 

Although I'm not wealthy by any means I could manage financially without this money so I'm only prepared to jump through so many hoops to get it. Basically, this is because I spent far too many years working all hours and was able to put quite a bit away "for a rainy day". Sadly that day has come.

 

I'm not prepared to claim JSA as I'm not realistically likely to get a job that I'm able to do. In any case (correct me if I wrong) I would only receive it for six months?

 

I have paid enough NI contributions to qualify for the full state pension so having these credited is of no benefit.

 

I would be most grateful for any advice.

 

Thanks.

[Nystagmite]

That year thing is to do with contributions based ESA. It's not how long you can stay in WRAG for - it's how long they'll pay you for. So, you could stay in there for 18 months and will only be paid 12 months contributions based.

 

I'm not prepared to claim JSA as I'm not realistically likely to get a job that I'm able to do. In any case (correct me if I wrong) I would only receive it for six months?

 

6 months for contributions based, yes.

[reallymadwoman]

First off, I'm no expert on ESA but I will shortly be migrating from IB so I've tried to keep up to date with it.

 

If you appeal the decision to put you in the WRAG there is always the possibility that you will be given less than 15 points though I would think that unlikely. Whilst waiting for the appeal you will be paid at your current rate but I believe you would still have to attend the work focused interviews. Contribution based ESA will only be paid for 12 months unless you are in the Support Group. Contribution based JSA is only payable for 6 months.

 

The bottom line is that if you get into the support group again you get a bit of extra money every week and you get it until the next hoop-jumping exercise. If you don't appeal you're a bit worse off now and your money will stop in 12 months. Do you think you meet any of the criteria for the support group?

 

I expect to be in a similar dilemma at some point. I also have enough NI contributions for a full pension and won't meet the criteria for income based ESA. I should be in the support group but doubt I'll get it - I very nearly meet three different criteria and any sane person would agree I cannot work, but there is a limit to how many hoops I will be prepared to jump through even though I'm furious that this government after promising that no disabled person will be worse off is going to take away my sole source of independent income.

[Error_Prone]

 

The bottom line is that if you get into the support group again you get a bit of extra money every week and you get it until the next hoop-jumping exercise. If you don't appeal you're a bit worse off now and your money will stop in 12 months. Do you think you meet any of the criteria for the support group?

 

I expect to be in a similar dilemma at some point. I also have enough NI contributions for a full pension and won't meet the criteria for income based ESA. I should be in the support group but doubt I'll get it - I very nearly meet three different criteria and any sane person would agree I cannot work, but there is a limit to how many hoops I will be prepared to jump through even though I'm furious that this government after promising that no disabled person will be worse off is going to take away my sole source of independent income.

 

Thanks - it sounds as if we are in very similar positions.

 

Regarding the support group. Presumably I must have met the criteria on the last two occasions (after "reconsideration") and my medical history sadly shows that my condition has if anything got worse. Unless they made the wrong decision on the previous occasions or the goal posts have moved it is hard for me to see why I'm now suddenly WRAG.

 

I suppose where I'm at is that I'm prepared to fill in a form once a year, attend an ATOS "medical" and if necessary send in doctor's letters that contradict ATOS opinion.

 

Half of me says "I've worked very hard and paid a lot of tax and NI over the last 30+ years and now, through no fault of my own I'm not able to. Why shouldn't I have what I'm entitled to whether I agree with the system or not".

 

The other half says "*&^% it, for the sake of a taxable £90 a week which will dry up in a year my health is too important to have the hassle".

 

I fully appreciate and sympathise with the many who may be reading this and don't have that luxury (if you can call it that).

 

Maybe all benefits should be income based in which case I wouldn't get anything? Or maybe those that have paid the most in should get the most out if they qualify on purely medical grounds? Now there is a fundamental debate!

[reallymadwoman]

 

Regarding the support group. Presumably I must have met the criteria on the last two occasions (after "reconsideration") and my medical history sadly shows that my condition has if anything got worse. Unless they made the wrong decision on the previous occasions or the goal posts have moved it is hard for me to see why I'm now suddenly WRAG.

 

 

Funnily enough, the goal posts did move in March this year. I know there's a link somewhere to the descriptors for ESA but I can't find it at the moment, however a search should turn it up somewhere. It's certainly worth checking if you do meet one of the criteria since yes, we have paid our 'insurance' for many years so why shouldn't we be able to claim when we're no longer able to work - the whole point of paying the insurance in the first place?

 

We may be the lucky ones that can manage without that £90 a week, but I will repeat - the government promised that no one who is disabled would be worse off. As someone who has worked all my life until prevented from doing so, I cherish the little bit of independence that money gives me. It makes the difference between scrimping and saving to buy the odd extra and being able to buy most of the things that make life just a bit easier.

[Error_Prone]

Funnily enough, the goal posts did move in March this year. I know there's a link somewhere to the descriptors for ESA but I can't find it at the moment, however a search should turn it up somewhere. It's certainly worth checking if you do meet one of the criteria since yes, we have paid our 'insurance' for many years so why shouldn't we be able to claim when we're no longer able to work - the whole point of paying the insurance in the first place?

 

Thanks, I didn't know there had been a change. I've not found anything with a very quick "Google" but will look harder later.

 

 

We may be the lucky ones that can manage without that £90 a week, but I will repeat - the government promised that no one who is disabled would be worse off. As someone who has worked all my life until prevented from doing so, I cherish the little bit of independence that money gives me. It makes the difference between scrimping and saving to buy the odd extra and being able to buy most of the things that make life just a bit easier.

 

My thoughts exactly!

[Nystagmite]

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide In the first document on page 20 is the support group criteria.